Cristobal v Labrador_digest

Petitioner: Miguel Cristobal Respondents: Alejo Labrador et. al.

Cristobal v Labrador

G.R. No. L-47941 Ponente: Laurel, J.

FACTS      

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ISSUE 

Teofilo Santos was found guilty of the crime of estafa by the Court of First Instance (CFI) Rizal and was sentenced six months of arresto mayor and to pay Toribio Alarcon and Emilio Raymundo the amounts P375 and P125. He was imprisoned at the provincial jail of Pasig Rizal from March 14-Aug 18, 1932 He also paid the amount of money that he owed Commonwealth Act No. 357, otherwise known as the Election Code, was approved by the national Assembly, section 94, paragraph (b) of which disqualifies the respondent from voting for having been "declared by final judgment guilty of any crime against the property Despite his conviction, he continued to be a registered voter of Malabon, Rizal Labrador applied for an absolute pardon and was likewise granted by President Manuel Quezon. o The pardon restored his "full civil and political rights, except that with respect to the right to hold public office or employment, he will be eligible for appointment only to positions which are clerical or manual in nature and involving no money or property responsibility." On November 16, 1940, Miguel Cristobal, filed a petition for the exclusion of the name of Teofilo C. Santos from the list of voters in precinct No. 11 of Malabon, Rizal, on the ground that Santos is disqualified under paragraph (b) of section 94 of Commonwealth Act No. 357 WoN the absolute pardon granted his to Alejo restored his right to vote (WoN the Executive’s pardoning power applies to legislative prohobitions)

RULING  Yes! It restored his right to vote! RATIO DECIDENDI  Paragraph 6 of section 11 of Article VII of our Constitution, provides: o (6) The President shall have the power to grant reprieves, commutations, and pardons, and to remit fines and forfeitures, after conviction, for all offenses, except in cases of impeachment, upon such conditions and with such restrictions and limitations as may be deem proper to impose. He shall have the power to grant amnesty with the concurrence of the National Assembly. o 2 limitations upon the exercise of pardon: (a) that the power be exercised after convictions; and (b) that such power does not extend to cases of impeachment  The pardoning power cannot be restricted or controlled by legislative action  In the present case, while the pardon extended to respondent Santos is conditional in the sense that "he will be eligible for appointment only to positions which are clerical or  Manual in nature involving no money or property responsibility," it is absolute insofar as it "restores the respondent to full civil and political rights."  The disqualification imposed in paragraph (b) of section 94 of Commonwealth Act No. 357, does not fall within the purview of the pardoning power of the Chief Executive, not contemplated in the Constitution, and would lead furthermore to the result that there would be no way of restoring the political privilege in a case of this nature except through legislative action.  A pardon implies guilt; it does not obliterate the fact of the commission of the crime and the conviction thereof; it does not wash out the moral stain; as has been tersely said, it involves forgiveness and not forgetfulness.  Pardons may relieve from the disability of fines and forfeitures attendant upon a conviction, but they cannot erase the stain of blood, which has been definitely fixed. (State vs. Serfling, 131 Wash. 605, 230 Pac. 847.)